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be NO Ww ws Oo OY ~] oO Ke) 20 21 22 23 24 25 Case 1:20-cr-00330-PAE Document 773 Filed 08/10/22 Page 11 of 29 3128 LCRVMAXT respect to the second element. Beyond that, we're parse the question because not able to we find it confusing; so we think the safest course is to re instruction with respect to the second element. THE COURT: Mr. Everdell. question is no, and I'll tell you the rationale As to the jurors' fer the jurors to the comprehensive MR. EVERDELL: Your Honor, I think the answer to this for this. note, they've clearly separated out in their minds the flight to New Mexico versus the flight back from New Mexico. And in their minds, there still is a question, it would seem, that the flight -- whatever the purpose of the flight to New Mexico was, whether it was for illicit sexual activity or purpose of the flight back asking can she be found gu and abetting, some helping not, that is different From the of that flight from New which presumably the flight home they're saying. MR. EVERDELL: We from New Mexico. But what THE COURT: So the flight from New Mexico from New Mexico. And they are ilty solely on if there's some aiding Mexico, to where? ll, there is no record of a flight they are saying, I think, in this note is they are separating out in their minds the New Mexico versus whatever Mexico. And I would say b ased on the instructions flight to flight she may have taken from New in the to, there has Court's instructions which the government pointed to be -- the significant or motivating purpose of SOUTHERN DISTRICT REPORTERS, P.C. ( 212) 805-0300 the travel DOJ-OGR-00014697